REVISED RULES OF PROCEDURE
GOVERNING CONSTRUCTION
ARBITRATION (As amended by CIAC
Resolution Nos. 15-2006, 16-2006, 18-2006, 19-
2006, 02-2007, 07-2007, 13-2007, 02-2008, 03-2008,
11-2008, 01-2010, 04-2010, 07-2010, 08-2014, 07-
2016, 06-2017, 01-2019, 04-2019, and 05-2019)
RULE 1 - POLICY AND OBJECTIVES
SECTION 1.1 Statement of policy and objectives - It
is the policy and objective of these Rules to provide a
fair and expeditious resolution of disputes as an
alternative to judicial proceedings, which may restore
the disrupted harmonious and friendly relationships
between or among the parties.
SECTION 1.2 Applicability of rules - These Rules are
applicable to proceedings in arbitration before an
Arbitral Tribunal of one or more Arbitrator/s.
SECTION 1.3 Judicial rules not controlling - In any
arbitration proceeding under these Rules, the judicial
rules of evidence need not be controlling, and it is the
spirit and intention of these Rules to ascertain the
facts in each case by every and all reasonable means
without regard to technicalities of law or procedure.
RULE 2 – JURISDICTION
SECTION 2.1 Jurisdiction – The CIAC shall have
original and exclusive jurisdiction over disputes,
which arose from, or is connected with contracts
entered into by parties involved in construction in the
Philippines whether the dispute arose before or after
the completion of the contract, or after the
abandonment or breach thereof. These disputes may
involve government or private contracts.
2.1.1 The jurisdiction of the CIAC may include but is
not limited to violation of specifications for materials
and workmanship; violation of the terms of
agreement; interpretation and/or application of
contractual provisions; amount of damages and
penalties; commencement time and delays;
maintenance and defects; payment default of
employer or contractor and changes in contract cost.
SECTION 2.2 Coverage – The disputes referred to in
Section 2.1 of Rule 2 shall include those between or
among parties to, or who are otherwise bound by, an
arbitration agreement, directly or by reference,
whether such parties are project owner, contractor,
subcontractor, fabricator, project manager, design
professional, consultant, quantity surveyor, bondsman
or issuer of an insurance policy in a construction
project.
2.2.1 The CIAC shall continue to exercise original and
exclusive jurisdiction over construction disputes
although the arbitration is commercial pursuant to
Section 21 of R.A. 9285 or the Alternative Dispute
Resolution Act of 2004.
2.2.2 Excluded from the coverage of this Rules are
disputes arising from employer-employee
relationships, which shall continue to be covered by
the Labor Code of the Philippines.
SECTION 2.3 Condition for exercise of jurisdiction -
For the CIAC to acquire jurisdiction, the parties to a
dispute must be bound by an arbitration agreement in
their contract or subsequently agree to submit the
same to voluntary arbitration.
2.3.1 Such arbitration agreement or subsequent
submission must be alleged in the Complaint. Such
submission may be an exchange of communication
between the parties or some other form showing that
the parties have agreed to submit their dispute to
arbitration. Copies of such communication or other
form shall be attached to the Complaint.
2.3.2 If the Complaint is filed without the required
arbitration clause or subsequent submission, the
CIAC Secretariat shall within three (3) days from such
filing, notify the Respondent that, if he/it is willing to
have the dispute be resolved by arbitration, such
agreement must be clearly expressed in the Answer.
2.3.3 Respondent‟s refusal to Answer the Complaint
or the filing of a Motion to Dismiss for lack of
jurisdiction shall be deemed a refusal to submit to
arbitration. In either case, the Commission (CIAC)
shall dismiss the Complaint without prejudice to its
refiling upon a subsequent submission.
SECTION 2.4 Jurisdictional challenge – A motion to
dismiss based on lack of jurisdiction shall be resolved
by the appointed arbitral tribunal.
2.4.1 The Arbitral Tribunal shall have full authority to
resolve all issues raised in the Motion to Dismiss for
lack of jurisdiction on the grounds that:
a. the dispute is not a construction dispute, or
b. that the Respondent was represented by one
without capacity to enter into a binding arbitration
agreement, or
c. that said agreement or submission is not valid for
some other reasons,
d. or does not cover the particular dispute sought to
be arbitrated, or
e. other issues of interpretation or nonfulfillment of
pre-conditions to arbitration that are raised therein.
ECTION 2.5 Non-waiver of jurisdictional challenge -
A party does not waive its right to challenge the
jurisdiction of CIAC by any of the following acts:
a) participating in the nomination process including
challenging the qualifications of a nominee;
b) praying for extension of time to file appropriate
pleading/motion to dismiss;
c) opposing an application for interim relief;
d) filing of a motion to dismiss/suspend.
RULE 3 - REQUEST FOR ARBITRATION /
COMPLAINT
SECTION 3.1 Filing - Any party to a construction
contract desiring to avail of arbitration shall file its
Request for Arbitration in the prescribed form and
number of copies to the Secretariat of the CIAC.
SECTION 3.2 Preconditions. The claimant against
the government, in a government construction
contract, shall state in the complaint/request for
arbitration that
1) all administrative remedies have been exhausted, or
2) there is unreasonable delay in acting upon the claim
by the government office or officer to whom appeal is
made, or
3) due to the application for interim relief, exhaustion
of administrative remedies is not practicable.
3.2.1 The Claimant in a private construction contract
has the same obligation as the above to show similar
good faith compliance with all preconditions imposed
therein or exemptions therefrom.
3.2.2 In case of non-compliance with the
precondition contractually imposed, absent a showing
of justifiable reasons, exemption, or a waiver thereof,
the tribunal shall suspend arbitration proceedings
pending compliance therewith within a reasonable
period directed by the Tribunal.
SECTION 3.3 Request to answer - The CIAC
Secretariat shall within 3 days from filing, transmit to
the Respondent a request for his Answer, attaching
thereto a copy of the complaint and the Request for
Arbitration together with the annexed documents.
SECTION 3.4 Commencement of arbitral
proceedings - The date when the Request for
Arbitration is filed with CIAC shall, for all intents and
purposes, be deemed to be the date of
commencement of the proceedings.
RULE 4 - EFFECT OF AGREEMENT TO
ARBITRATE
SECTION 4.1. Submission to CIAC jurisdiction - An
arbitration clause in a construction contract or a
submission to arbitration of a construction dispute
shall be deemed an agreement to submit an existing
or future controversy to CIAC jurisdiction,
notwithstanding the reference to a different
arbitration institution or arbitral body in such contract
or submission.
4.1.1 Submission to CIAC Rules – when the parties
have agreed to submit the dispute/s to arbitration by
CIAC, they shall be deemed thereby to have
submitted ipso facto to these Rules and any
amendments hereto.
4.1.2 When a contract contains a clause for the
submission of a future controversy to arbitration, it is
not necessary for the parties to enter into a
submission agreement before the Claimant may
invoke the jurisdiction of CIAC.
4.1.3 An arbitration agreement or a submission to
arbitration shall be in writing, but it need not be
signed by the parties, as long as the intent is clear that
the parties agree to submit a present or future
controversy arising from a construction contract to
arbitration.
It may be in the form of:
a. exchange of letters sent by post or
b. by telefax, telexes, telegrams, electronic mail or
c. any other mode of communication.
SECTION 4.2 Failure or refusal to arbitrate - Where
the jurisdiction of CIAC is properly invoked by the
filing of a Request for Arbitration in accordance with
these Rules, the failure despite due notice which
amounts to a refusal of the Respondent to arbitrate,
shall not stay the proceedings notwithstanding the
absence or lack of participation of the Respondent.
In such case, CIAC shall appoint the arbitrator/s in
accordance with these Rules. Arbitration proceedings
shall continue, and the award shall be made after
receiving the evidence of the Claimant.
4.2.1 In the event that, before award, the Respondent
who had not earlier questioned the jurisdiction of the
Tribunal, appears and offers to present his evidence,
the Arbitral Tribunal may, for reasons that justifies
the failure to appear, reopen the proceedings, require
him to file his answer with or without counterclaims,
pay the fees, where required under these Rules, and
allow him to present his evidence, with limited right
to cross examine witnesses already presented in the
discretion of the Tribunal. Evidence already admitted
shall remain. The Tribunal shall decide the effect of
such controverting evidence presented by the
Respondent on evidence already admitted prior to
such belated appearance.
SECTION 4.3. When arbitration cannot proceed -
Where the contract between the parties does not
provide for arbitration and the parties cannot agree to
submit the dispute(s) to arbitration, the arbitration
cannot proceed and the Claimant/s shall be informed
of that fact.
RULE 5 – ANSWER/COUNTERCLAIMS
SECTION 5.1 Time to answer - The Respondent
shall, within 15 days from receipt of the Request for
Arbitration/Complaint, file its answer thereto
including such counterclaim/s as it may assert. For
justifiable reason/s, Respondent may apply to CIAC
for an extension of time to file its answer. If
Respondent fails to do so, the arbitration shall
proceed in accordance with these Rules.
SECTION 5. 2 Transmittal of answer - A copy of the
answer shall be transmitted in sufficient copies to the
Claimant and to CIAC.
SECTION 5.3 Reply to counterclaim - The Claimant
shall file a reply to the counterclaim with CIAC and
shall furnish the Respondent a copy thereof within 15
days from date of receipt of the answer with
counterclaim.
Note: You cannot file a motion for extension of time
in a motion for reconsideration
RULE 6 – SUBMISSION AND
COMMUNICATIONS / NOTICES
SECTION 6.1 Number of copies - All pleadings and
written statements submitted by the parties, as well as
all documents attached thereto, shall be in sufficient
copies to provide 1 copy for each party, plus one for
each Arbitrator, and one for the Secretariat.
SECTION 6.2 Notices - Notifications or
communications from the Secretariat and/or the
Arbitrator(s) shall be validly made if they are delivered
personally by an authorized representative of CIAC,
by private courier, by registered mail to the
address(es) or last known address(es) of the party(ies)
for whom the same are intended appearing in the
record, and/or by email sent to the email addresses of
the party(ies) on record, at the option of the
Secretariat/arbitrator(s).
If the Notice to Respondent/Request to Answer the
complaint under Section 3.3 hereof is not received by
Respondent due to wrong address or because
Respondent has moved out from, or cannot be found
at, the last known address provided by the Claimant,
the CIAC Secretariat shall inform the Claimant of the
non-delivery/non-receipt of the notice and require
Claimant to provide CIAC with Respondent‟s
correct/new address within 15 days from receipt of
advice.
if Claimant fails to comply, the Commission shall
dismiss the case without prejudice to its refiling once
the whereabouts of Respondent/s are known to
Claimant/s
6.2.1 Notification or communication shall be deemed
to have been effected on the date when actually or
constructively received.
RULE 7- CONFIDENTIALITY
SECTION 7.1 Confidentiality of proceedings – The
arbitration proceedings shall be considered
confidential and shall not be published except:
(i) with the consent of the parties, or
(ii) when necessary in case resort to the Court is made
under the Rules of Court.
The term “arbitration proceedings” shall include
communications to or from CIAC, the pleadings,
applications and other papers filed with CIAC, sworn
statements, documentary and testimonial evidence,
reports and minutes taken of the proceedings, and
other orders, decision, award or resolution issued by
the Arbitrator(s).
SECTION 7.2 Violation of confidentiality – Any
person who violates the immediately preceding
confidentiality provision shall be subject to the
following sanctions:
7.2.1 If the violator is a lawyer, administrative action
or proceeding to be conducted by CIAC, with proper
notice and hearing, for inhibition or prohibition from
appearing as counsel for any party in any arbitration
case before CIAC for a period not exceeding 6
months; without prejudice to suspension or
disbarment action before the Integrated Bar of the
Philippines (IBP), at the instance of CIAC.
7.2.2 If the violator is a duly licensed and registered
professional, administrative/ disciplinary action
before the Professional Regulation Commission
(PRC), at the instance of CIAC.
RULE 8 – QUALIFICATIONS OF
ARBITRATORS
SECTION 8.1 General qualification of arbitrators -
The Arbitrators shall be persons in whom the
business sector, particularly the stake holders of the
construction industry and the government can have
confidence. They shall possess the competence,
integrity, and leadership qualities to resolve any
construction dispute expeditiously and equitably. The
Arbitrators shall come from different professions.
They may include engineers, architects, construction
managers, engineering consultants, and businessmen
familiar with the construction industry and lawyers
who are experienced in construction disputes.
SECTION 8.2 The Arbitrators must be CIAC-
accredited - Only CIAC-accredited arbitrators may be
nominated by the parties and appointed by CIAC as
arbitrators. A replacement arbitrator shall likewise be
a CIAC-accredited arbitrator. However, as an
exception to this rule, CIAC may appoint to an
Arbitral Tribunal an arbitrator who is not CIAC -
accredited PROVIDED that the nominee:
1) is the parties‟ common nominee;
2) possesses the technical/legal competence to handle
the construction dispute involved; and 3) has signified
his availability/acceptance of his possible
appointments.
- If the issue is complex that it needs the aid of a
panel of arbitrators – each party will each choose 6
names of arbitrator – then CIAC will determine if
there are 3 common arbitrators chosen by both
parties and within the 3 CIAC will choose the
chairman.
If there are only 2 common – the 2 will choose the
third arbitrator who will be the chairman
SECTION 8.3 Undertaking of arbitrator upon the
acceptance of appointment – An arbitrator who
accepts an appointment as arbitrator undertakes to:
a) Make himself/herself available at all stages of the
arbitration proceedings;
b) Remain independent of the parties and their
counsel or representatives;
c) Maintain impartiality on all matters relating to the
disputes;
d) Have a continuing duty to disclose any fact of
circumstance that may arouse justifiable doubts as to
independence or impartiality; and
e) Contribute to the fair, expeditious and timely
resolution of the dispute.
SECTION 8.4 Arbitrators not permanent employees
of CIAC - The Arbitrators shall render service only
when called upon to arbitrate a construction dispute.
SECTION 8.5 Exemptions from civil liability for
official acts - Arbitrators shall not be civilly liable for
acts done in the performance of their official duties
except in a clear case of bad faith, malice or gross
negligence as provided in Section 38 (1), Chapter 9,
Book 1 of the Administrative Code of 1987.
RULE 9 – NOMINATION AND
APPOINTMENT OF ARBITRATORS
SECTION 9.1 Number of arbitrators - A Tribunal of
one or three Arbitrators may be appointed to settle a
dispute in accordance with the provisions hereunder.
9.1.1 In the absence of an agreement on the number
of arbitrators, CIAC taking into consideration the
complexities and intricacies of the dispute/s or the
sum involved, has the option to appoint a Sole
Arbitrator or an Arbitral Tribunal.
9.1.2 In case of multiple parties, whether as Claimant
or as Respondent, including three (3) or more parties
in the arbitration, where all parties are unable to agree
to a method for constitution of the Tribunal within
ten (10) days from notice, CIAC shall appoint the
arbitrators.
SECTION 9.2 Sole Arbitrator - Where the parties
have agreed that the dispute(s) shall be settled by a
Sole Arbitrator, each party shall name not more than
six (6) nominees from the CIAC accredited arbitrators
in the order of their preference for appointment as
Sole Arbitrator. If any or both of the parties shall fail
to submit the names of their nominees within the
period/s prescribed by CIAC, a Sole Arbitrator shall
be appointed by CIAC.
9.2.1 CIAC shall appoint as sole arbitrator the
common nominee of the parties who is available and
not disqualified.
In the absence of a common nominee or in cases
where the common nominee is disqualified or is not
available, CIAC shall return the lists of nominees to
the parties and ask them to make an agreement on a
common nominee/s within 48 hours.
If the parties still fail to agree on a common nominee,
CIAC may appoint a Sole Arbitrator or an Arbitral
Tribunal. If CIAC decides to appoint a Sole
Arbitrator, it may select an arbitrator who is not a
nominee of any one of the parties and who is not
disqualified and is available for appointment.
SECTION 9.3 Arbitral Tribunal - Where the parties
have agreed that the dispute shall be settled by an
Arbitral Tribunal, each party shall name not more
than six (6) nominees from the CIAC accredited
arbitrators in the order for their preference for
appointment as Arbitrators. CIAC shall choose and
appoint as members of the Tribunal, one Arbitrator
from the claimant‟s nominees and another from
respondent‟s nominees. CIAC shall also choose and
appoint the Third Arbitrator and notify the parties
thereof for their confirmation in writing within five
(5) working days from receipt of the notice. If no
confirmation is received within such period, the Third
Arbitrator appointed by CIAC shall be deemed
accepted by the parties. The Third Arbitrator chosen
and appointed by CIAC shall be the Chairman of the
Tribunal.
- The third arbitrator shall be chosen by the 2
arbitrators first chosen within 15 days from
acceptance of their appointment. The 3 shall
decide from among themselves who will be
the chairman. In case of failure to agreed
within 15 days from the acceptance of their
appointment – CIAC has 15 days to choose
among the accredited arbitrators to choose
the third arbitrator.
SECTION 9.4 Conditions for appointment of
foreign arbitrator - A foreign arbitrator not accredited
by CIAC may be appointed as a co-arbitrator or
chairperson of an arbitral tribunal for a construction
dispute under the following conditions:
a) the dispute is a construction dispute in which one
party is an international party i.e. one whose place of
business is outside the Philippines. For this purpose,
the term international party shall not include a
domestic subsidiary of such international party or a
co-venturer in a joint venture with a party which has
its place of business in the Philippines.
b) the foreign arbitrator to be appointed is not a
national of the Philippines and is not of the same
nationality as the international party in the dispute;
- International party – foreign party is
employed to construct a structure in the
philippines
9.4.1 Procedure for appointment of foreign
arbitrator.- The foreign arbitrator must be nominated
by the international party or is the common choice of
the two CIAC-accredited arbitrators one of whom
was nominated by the international party.
The nomination must be accompanied by a resume or
bio-data of the nominee relevant to qualifications as a
construction arbitrator and a signed undertaking of
the nominee to abide by CIAC arbitration rules and
policies.
- Foreign company cannot nominate a foreign
arbitrator who is of the same nationality – is
not a national of the Philippines and is not of
the same nationality of the international party
in dispute.
SECTION 9.5 Disqualification of or non-acceptance
by nominees - If the nominee(s) of a party shall be
disqualified or fail or refuse to accept the
appointment, CIAC shall choose and appoint any
qualified arbitrator who is willing to be so appointed.
SECTION 9.6 Challenge - An Arbitrator may be
challenged by a party at any time after his
appointment but before the lapse of the original 10-
day period for submission of memoranda or draft
decision under Section 13.16, Rule 13 hereof.
Any extensions of time to file memoranda or draft
decisions will not EXTEND the 10-day period to file
a challenge or motion for inhibition.
The challenge shall be based upon the following
grounds: (Disqualifications)
a) relationship by blood or marriage within the 6th
degree of either party to the controversy, or to
counsels within the 4th degree, computed according
to the rules of civil law.
b) financial, fiduciary or other interest in the
controversy
c) partiality or bias;
d) incompetence, or professional misconduct. A party
may also request the inhibition of an arbitrator upon
other just and valid reasons affecting independence,
integrity, impartiality and interest.
9.6.1 A motion for inhibition or a request for the
disqualification and replacement of an arbitrator shall
be treated as a challenge.
9.6.2 The challenge, motion or request shall be in the
form of a complaint under oath, stating distinctly and
concisely the facts complained of, supported by
affidavits, if any, of persons having personal
knowledge of the facts therein alleged and shall be
accompanied with copies of such documents as may
substantiate said facts.
9.6.3 The arbitrator concerned shall be given by
CIAC an opportunity to be heard. He may, without
admitting the existence of the ground of the
challenge, motion or request, choose to inhibit
himself but his decision shall be subject to approval
by CIAC.
9.6.4 In case the challenged arbitrator is allowed to
inhibit himself or is removed, CIAC shall promptly
appoint his replacement. If the arbitrator concerned is
the third member of the Arbitral Tribunal, the first
two members thereof shall select his replacement.
9.6.5 The decision of CIAC to retain or replace an
arbitrator shall be final.
SECTION 9. 7 Disqualification of mediator as
arbitrator - An Arbitrator who acted as
conciliator/mediator in a case previously brought
before him for conciliation/mediation cannot act as
arbitrator for the same case when brought to
arbitration, unless both parties consent to his
appointment in writing.
- Conciliator/mediator cannot act as an
arbitrator – Arbitrator cannot be a
conciliator/mediator because the arbitrator
will be given the authority to render an arbitral
award while a mediator/conciliator will arrive
at a compromise agreement
RULE 10 – APPOINTMENT AND
ACCEPTANCE OF ARBITRATORS
SECTION 10.1 Communication of appointments -
The Secretariat shall communicate to the arbitrators
their appointment.
SECTION 10.2 Disclosure by arbitrator of
disqualification - Upon acceptance of his
appointment, the Arbitrator shall disclose in writing
to CIAC any circumstance likely to create in either
party a presumption of bias or which he believes
might disqualify him as an impartial Arbitrator. Such
written disclosure shall be communicated to the
parties immediately by the Secretariat. The purpose of
such disclosure shall be to enable either party to
investigate and ascertain whether there is a substantial
legal basis to file a motion for inhibition of the
arbitrator concerned or seek his replacement.
SECTION 10.3 Acceptance or refusal - The
arbitrator must communicate to CIAC the acceptance
or refusal of his/her appointment within five (5) days
from receipt thereof.
If no communication is received within the prescribed
period, the appointment shall be deemed accepted.
If the arbitrator refuses/declines the appointment, the
CIAC, on the existence of a ground for
disqualification or on the basis of just and valid
reasons for the arbitrator‟s non-acceptance, shall
appoint a replacement from the list of the party who
nominated him/her or, if none is available or
qualified, from the list of CIAC-accredited arbitrators.
SECTION 10.4 Vacancies - If, at any time during the
proceedings but before an award has been rendered,
any Arbitrator should resign, be incapacitated, refuse
or be unable, or be disqualified for any reason to
perform the duties of his office, CIAC may, within
five (5) days from the occurrence of a vacancy or
refusal/inability to accept appointment, appoint a
substitute(s) to be chosen from a list of alternatives
previously agreed upon by the parties. In the absence
of such a list, the CIAC shall fill the vacancy from the
list of accredited arbitrators.
If the vacancy occurs after the award has been
rendered but before the jurisdiction of the
arbitrator/s over the dispute is terminated under
Section 16.6 of Rule 16 hereof, the CIAC may, on its
own initiative, or upon written request of any of the
parties, appoint a replacement from the list of
alternatives previously agreed upon by the parties or
the list of accredited arbitrators.
The request shall state the justification/s for the need
for a replacement and shall be filed together with the
required deposit of arbitrators fees for the
substitute/s. The CIAC may, if it finds it necessary,
appoint a substitute/s. If the CIAC finds the request
to be unnecessary (e.g. for Motions for correction of
final award under Rule 17.1; Motions for execution or
stay of execution under Rules 18.5 and 18.6; Motions
for relief not covered by the Rules under Rule 19.1;
cases where the appellate court merely directs a re-
computation of the award or a clarification thereof, or
other matters which do not entail a re-hearing of the
case, or a hearing on the merits of any issue, or would
not disturb/alter the findings in the final award; and
other similar instances as determined by the CIAC), it
shall deny the same, refund the deposit made, and
direct the remaining/surviving arbitrator/s to act on
pending matters.
The decision of the CIAC on vacancies shall be final.
RULE 11 – PRELIMINARY CONFERENCE /
TERMS OF REFERENCE – these are the issues
SECTION 11.1 Notice of conference - The
Arbitrator/Arbitral Tribunal shall set the case for
preliminary conference not later than 15 days after
appointment of arbitrator(s) and a notice to the
parties thereof shall forthwith be sent to finalize the
Terms of Reference as provided in
Rule 11.4 below, a draft copy of which is attached
thereto and to consider the following, among others:
a. possibility of amicable settlement;
b. necessity or desirability of amendments to
pleadings;
c. obtaining stipulations or admission of facts and/or
documents to avoid unnecessary proof;
d. limitation of the number of witnesses;
e. suggested formulation of issues by the parties;
f. application for interim relief, appointment of
experts and necessity of site inspection; and
g. such other matters as may aid in the just and speedy
disposition of the case.
SECTION 11.2 Introduction of the arbitrators – At
the start of the preliminary conference, the
arbitrator/s shall introduce themselves to the parties
paying particular attention to matters related to
professional training and experience.
SECTION 11.3 Disclosure – During the preliminary
conference the Arbitrator who had failed to make his
or her written disclosure required in the previous
section shall disclose any circumstance likely to give
rise to justifiable doubts as to impartiality or
independence, including financial or personal interest
in the outcome of the arbitration and any existing or
past relationships with any individual or corporate
party together with their respective relatives or
principal stockholders/officers or foreseeable
participant in the proceedings.
On the basis of such disclosure, either party may ask
clarificatory questions thereon that may lead to a
decision to move for inhibition or accept the
appointment.
SECTION 11.4 Terms of Reference. - This
document functions like a pre-trial order in judicial
proceedings and controls the arbitration proceedings
unless corrected for manifest errors by motion filed
not later than the hearing date.
11.4.1 Contents - The TOR shall include the following
particulars:
a) the full names of the parties, and their respective
counsels, if any;
b) the addresses and contact numbers of the
parties/counsels, to which notifications or
communications arising in the course of the
arbitration may validly be made;
c) a summary of the parties' respective claims;
d) full statement of admitted facts and documents;
e) the issues to be resolved in question form;
f) the Arbitrators' full names;
g) the place where arbitration proceedings shall be
held;
h) the breakdown, schedule of payments, and sharing
of arbitration fees;
i) such other particulars as may be required by the
Arbitral Tribunal for the proper and speedy
adjudication of the case.
11.4.2 Signing - The Terms of Reference (TOR) shall
be signed on each and every page thereof, by the
parties together with their respective counsel and the
Arbitral Tribunal immediately after finalization
thereof. In any case, the TOR must be finalized and
signed not later than five (5) days from inception.
SECTION 11.5 Arbitration To Proceed Even
Without TOR. - In the exercise of the sound
discretion of the Arbitral Tribunal, arbitration shall
proceed even without the TOR on the basis of the
issues formulated by the pleadings filed by the parties.
SECTION 11.6 Submission for Decision. – a case
may be deemed submitted for decision if No factual
issue being in dispute, the case may be deemed
submitted for decision without an oral hearing and on
the basis of documentary evidence already submitted.
RULE 12 – VENUE
SECTION 12.1 Venue, Date and Time of Hearing -
The venue, date and time of the arbitral proceedings
shall be mutually agreed upon by the parties and the
Arbitral Tribunal. In the event of disagreement, the
choice of venue made by the Arbitral Tribunal shall
prevail.
RULE 13 - ARBITRATION PROCEEDINGS
SECTION 13.1 Order of Proceedings - A hearing
shall be opened by recording of the place, time and
date of hearing, the presence of the Arbitral Tribunal,
parties, and witnesses, if any. The names and
addresses of all witnesses and exhibits in the order
received shall be made part of the record.
13.1.1 Quorum - Two members of a tribunal shall
comprise a quorum for the purpose of conducting a
hearing.
SECTION 13.2 Briefing on Rules and procedures -
At the initial hearing, the Arbitral Tribunal shall
inform the parties of the general rules and procedures
on arbitration proceedings, stressing peculiarities from
judicial proceedings, its strict adherence to time bars,
its policies against postponements and other matters
to insure a speedy and fair disposition of the issues.
SECTION 13.3 Order of presentation - It shall be
within the discretion of the Arbitral Tribunal to
determine the order of presentation of evidence.
Generally, the party who seeks to enforce a right or
establish a claim shall be required to present its
evidence first, followed by the other party.
Note: Subject to Cross Examination
SECTION 13.4 Expeditious procedures - The
Arbitral Tribunal shall at all times adopt the most
expeditious procedures for the introduction and
reception of evidences, and shall have complete
control over the proceedings, but in any case shall
afford full and equal opportunity to all parties to
present relevant evidence.
Note: Arbitral Tribunal can reject evidence if
immaterial; not connected to the issues.
SECTION 13.5 Evidence - The parties may offer
such evidence as they desire and shall produce such
additional documents and witnesses as the Arbitral
Tribunal may deem necessary to a clear understanding
of facts and issues for a judicious determination of
the dispute(s). The Arbitral Tribunal shall act
according to justice and equity and merits of the case,
without regard to technicalities or legal forms and
need not be bound by any technical rule of evidence.
Evidence shall be taken in the presence of the
Arbitral Tribunal and all of the parties, except where
any of the parties is absent, or has waived his right to
be present.
Note: Can move for the reception of evidence can be
presented as long as the records show that prior to
the hearing, the pieces of evidence are present.
13.5.1 Order to produce documentary evidence. Upon
motion of either or both of the parties, or on its own
initiative, the Arbitral Tribunal may direct any person,
board, body, tribunal, or government office, agency or
instrumentality, or corporation to produce real or
documentary evidences necessary for the proper
adjudication of the issues.
Note: Contempt power of the court. (disrespect and
will not follow arbitration)
13.5.2 Order to give testimony. The Arbitral Tribunal
may, likewise, direct any person to give testimony at
any proceeding for arbitration.
Note: Subpoena can be issued, to produce, or orally
present to testify.
Note: Judgment on the Pleading is possible if the
parties will agree to submit documentary evidence,
affidavit, etc. without an actual hearing, then the
arbitral tribunal will judge or give an award based on
the submitted documents.
SECTION 13.6 Affidavit in lieu of direct testimony -
The Arbitral Tribunal shall require the simultaneous
submission of affidavits of witnesses in lieu of their
direct testimonies attaching thereto pertinent
documents supportive of their respective declarations.
These documents shall be properly marked for
purposes of identification.
Note: Testimony by Affidavit is subject to cross
examination to determine truthfulness.
SECTION 13.7 Examination by the Arbitral
Tribunal - The Arbitral Tribunal may ask clarificatory
questions of the witnesses at any stage of the
proceedings.
SECTION 13.8 Documentary evidence - As a
general rule, no documentary evidence(s) presented
and offered shall be rejected unless the same is found
by the Arbitral Tribunal to be completely irrelevant.
SECTION 13.9 Offer of documents - All documents
not offered with the Arbitral Tribunal at the hearing
but which are arranged at the hearing subsequently by
agreement of the parties to be submitted, shall be
filed within five (5) days from the termination of the
hearing. All parties shall be afforded opportunity to
examine such documents.
SECTION 13.10 Site inspection –The Arbitral
Tribunal may, motu proprio after notice to the
parties, or upon motion of a party, conduct a site
inspection of any building, place or premises,
including any work, material, implement, machinery,
appliance or any object therein. The Tribunal in
deciding on the necessity of a site inspection, may
consider whether a video or pictorial presentation
may suffice.
13.10.1 Costs including transportation,
accommodations, meals, rental fee for the video/still
camera, services, video tape recording, copy of
pictures and other expenses shall be equally shared by
both parties (General Rule). In special cases upon
the order of the Arbitral Tribunal, the party who
seeks this video and will benefit from it shall bear the
expenses.
Note: If requested by the tribunal, the cost will be
deducted from the award.
SECTION 13.11 Adjournments - The Arbitral
Tribunal for good cause shown, may adjourn the
hearing upon his/its own initiative or upon the
request of one of the parties. Adjournment shall not
be more than five (5) working days.
13.11.1 Hearings may be adjourned for more than five
(5) working days when such have been suspended due
to payment defaults of any or both of the parties. The
Arbitral Tribunal shall order the suspension of
hearings upon advice by CIAC of non-payment of
arbitration fees by one or both parties. Hearings shall
resume upon notice by CIAC of compliance by the
defaulting party/ies.
SECTION 13.12 Arbitration in the absence of the
party - The Arbitration may proceed despite the
absence of any party who after due notice fails to be
present or fails to obtain an adjournment. An award,
however, shall not be made solely on the default of a
party. It shall be made on the basis of evidence
submitted and proven.
SECTION 13.13 Closing of the hearings - After the
submission of the draft decision/final memorandum
(Claims) of arguments and/or the lapse of the period
given for the submission thereof, the proceedings is
considered closed and no further pleadings/papers
shall be filed nor accepted for filing.
Note: Simultaneous submission of memoranda.
SECTION 13.14 Reopening of hearing - The hearing
may be reopened by the Arbitral Tribunal on their
own motion or upon the request of any party, upon
good cause shown, at any time before the award is
rendered. When hearings are thus reopened, the
effective date for the closing of the hearing shall be
the date of closing of the reopened hearing.
SECTION 13.15 Summation - The Arbitral Tribunal
may direct the parties to make a brief oral summation
at the end of the oral hearing.
SECTION 13.16 Submission of memoranda or draft
decisions - If any or both of the parties so desire,
written memoranda or draft decisions may be
submitted not later than ten (10) calendar days from
the termination of the hearing or from the date of the
filing of additional documents as previously agreed
upon, whichever is later.
13.16.1 If both parties agree to submit memoranda or
draft decisions, the filing shall be simultaneous.
SECTION 13.17 Award or decision on the pleadings
- Instead of a formal hearing, the parties may agree to
submit the issues for resolution after the filing of
pleadings, evidence, memoranda or draft decisions.
SECTION 13.18 Period to make a final award - The
number of days within which an award shall be made
will start from the date of the termination of the
hearing, or from the filing of additional documents, or
from the submission date of memoranda, pleadings,
documents or evidences whichever is later.
Note: Rule 16, Sec. 16.1 The award shall be rendered
promptly by the Arbitral Tribunal within thirty (30)
days from the time the case is submitted for
resolution but not more than six (6) months from the
date of signing of the TOR, or in cases where a TOR
is absent, not more than six (6) months from the date
of the last preliminary conference called for the
purpose of finalizing and/or signing of the TOR.
There shall be no extensions of time unless approved
by the CIAC.
RULE 14 – INTERIM RELIEF (for the
meantime)
SECTION 14.1 Interim measures - In the course of
the proceedings, the Arbitral Tribunal may, upon the
request of either or both parties or upon its own
initiative, issue orders as is necessary to attain the
following objectives:
a. to ensure the enforcement of the award;
b. to prevent irreparable loss or injury or
deterioration of property;
c. to minimize or avoid undue delays in project or
contract implementation;
d. to provide security for the performance of any
obligation;
e. to produce or preserve any evidence;
f. such other measures deemed by the Arbitral
Tribunal to be necessary to prevent a miscarriage of
justice or abuse of rights of any of the parties.
14.1.1 The order granting provisional relief may be
conditioned upon provision of security for any act or
omission specified in the order (for the benefit of the
party seeking interim relief; e.g. Bond)
14.1.2 Such interim measures may include but shall
not be limited to preliminary injunction directed
against a party, appointment of receivers or detention,
preservation, inspection of property, that is the
subject of dispute in arbitration. Either party may
apply to the Court for assistance in implementing or
enforcing an interim measure ordered by an Arbitral
Tribunal
RULE 15 – APPOINTMENT OF EXPERTS
SECTION 15.1 Appointment of expert 29 - The
service of technical or legal experts may be utilized if
requested by any of the parties or if deemed necessary
by the Arbitral Tribunal. If the request for an expert is
made by either or by both of the parties, the necessity
of such appointment must be confirmed by the
Arbitral Tribunal before issuing an appointment.
15.1.1 Whenever the parties request for the services of
an expert, they shall equally shoulder the expert's fees
and expenses, half of which shall be deposited with
the Secretariat before the expert renders service.
When only one party makes the request, it shall
deposit the whole amount required. If the request for
an expert is by the Arbitral Tribunal, the cost of such
service(s) shall be considered part of the arbitration
expenses which may be ordered to be paid by the
losing party or by both parties as the Arbitral Tribunal
in his/their award may adjudge, in the absence of a
provision in the TOR signed by the parties relative to
the sharing of these expenses; provided, however,
both parties consented to the hiring of an expert.
RULE 16 – THE ARBITRATION AWARD
SECTION 16.1. Time of award - The award shall be
rendered promptly by the Arbitral Tribunal within
thirty (30) days from the time the case is submitted
for resolution but not more than six (6) months from
the date of signing of the TOR, or in cases where a
TOR is absent, not more than six (6) months from
the date of the last preliminary conference called for
the purpose of finalizing and/or signing of the TOR.
There shall be no extensions of time unless approved
by the CIAC.
SECTION 16.2 Form of award 30 - The Final award
shall be in writing and signed by the Arbitral Tribunal
or a majority of its members. A dissent from the
decision of the majority or a portion thereof shall be
in writing specifying the portion/s dissented from
with a statement of the reason/s thereof and signed
by the dissenting member.
SECTION 16.3 Contents of the final award -
Generally, the Final Award shall contain the issues
involved, a brief statement and discussion of the facts,
and the authority relied upon for the resolution or
disposition of the issues.
SECTION 16.4 Award upon settlement - If the
parties settle their dispute(s) during the course of the
arbitration, the Arbitral Tribunal, upon their request,
may set forth the agreed settlement as an Arbitral
Award.
16.4.1 Settlement as award - A compromise
agreement settled by mediation in the course of
arbitration or by direct negotiation between the
parties shall be treated as an arbitral award if so
moved by the parties and subject to the approval of
the Arbitral Tribunal, after a summary hearing, that
the same is not contrary to law, morals, good
customs, public order, or public policy.
SECTION 16.5 Decision as to costs of arbitration -
In the case of non-monetary claims or where the
parties agreed that the sharing of fees shall be
determined by the Arbitral Tribunal, the Final Award
shall, in addition to dealing with the merits of the
case, fix the costs of the arbitration, and/or decide
which of the parties shall bear the cost(s) or in what
proportion the cost(s) shall be borne by each of them.
SECTION 16.6 Termination of jurisdiction – Except
for execution or post-award proceedings, the
jurisdiction of the Arbitral Tribunal over the dispute
is terminated upon the finality of the Final Award or
Decision. Where an appeal is taken from a decision or
Final Award, and the appellate court directs a re-
hearing or a hearing on the merits on any issue arising
in the case, jurisdiction terminates only upon a final
disposition of the case by the appellate court and/or a
final determination of all incidental matters thereto.
Note: Appeal may be made in Domestic Arbitration
under Rule 45 (based on question of law, Here,
appeal is governed by Rule 43 (question of law or
question of facts to the CA, can be elevated to SC
under Rule 65)
SECTION 16.7 Notification of award to parties -
Once a Final Award has been made, provided that the
costs of the arbitration have been fully paid to the
Secretariat by the parties or by one of them, the
Secretariat shall provide the parties through their
respective counsel a copy of the Final Award signed
by the Arbitral Tribunal.
Note: Notice of award is final absent an appeal.
Appeal is called Petition for Review from a Final
Award. A petition for review from a final award may
be taken by any of the parties within fifteen (15) days
from receipt thereof in accordance with the
provisions of Rule 43 of the Rules of Court
16.7.1 Additional copies certified true by the
Executive Director of the Secretariat shall be made
available, on request and at any time, to the parties or
their counsel but to no one else.
SECTION 16.8 Filing of award - The original of an
arbitral award shall be filed with the Secretariat.
RULE 17 – POST-AWARD PROCEEDINGS
SECTION 17.1 Motion for correction of final award
- Any of the parties may file a motion for correction
of the Final award within fifteen (15) days from
receipt thereof upon any of the following grounds:
a. an evident miscalculation of figures, a
typographical or arithmetical error;
b. an evident mistake in the description of any
party, person, date, amount, thing or property
referred to in the award.
c. where the arbitrators have awarded upon a matter
not submitted to them, not affecting the merits of
the decision upon the matter submitted;
d. where the arbitrators have failed or omitted to
resolve certain issue/s formulated by the parties
in the Terms of Reference (TOR) and submitted to
them for resolution and
e. where the award is imperfect in a matter of form
not affecting the merits of the controversy.
The motion shall be acted upon by the Arbitral
Tribunal or the surviving/remaining members.
17.1.1 The filing of the motion for correction shall
interrupt the running of the period for appeal.
17.1.2 A motion for correction upon grounds other
than those mentioned in this section shall not
interrupt the running of the period for appeal.
SECTION 17.2 Motion for reconsideration or new
trial.- A motion for reconsideration or new trial shall
be considered a prohibited pleading.
RULE 18 – EXECUTION OF FINAL AWARD
SECTION 18.1 Execution of Award. - A final
arbitral award shall become executory upon the lapse
of fifteen (15) days from receipt thereof by the
parties.
SECTION 18.2 Petition for review.- A petition for
review from a final award may be taken by any of the
parties within fifteen (15) days from receipt thereof in
accordance with the provisions of Rule 43 of the
Rules of Court
SECTION 18.3 Entry of judgment. - If a petition for
review is filed from a final award and a temporary
restraining order (TRO) is issued by the appellate
court, such award shall become executory only upon
the issuance of the entry of judgment of the appellate
court, or upon the lapse/lifting of the TRO or
lifting of the preliminary injunction.
SECTION 18.4 Effect of petition for review. - The
petition for review shall not stay the execution of the
final award sought to be reviewed unless the Court of
Appeals directs otherwise upon such terms as it
deems just.
SECTION 18.5 Execution/enforcement of awards. -
As soon as a decision, order or final award has
become executory, the Arbitral Tribunal (or the
surviving remaining member/s), shall, motu proprio
or on motion of the prevailing party issue a writ of
execution requiring any sheriff or proper officer to
execute said decision, order or final award. If there are
no remaining/surviving appointed arbitrator/s, the
Commission shall issue the writ prayed for.
Notwithstanding the Commission‟s disagreement
with the substance or merit of the award/decision, if
execution is ripe or proper under the CIAC Rules, it
shall release the writ of execution issued by the
arbitrator/s. Hence, once an award/decision becomes
executory, the release of the writ of execution by the
Commission is purely ministerial, regardless of
whether or not the arbitrator/s considered the
comments of the Commission, or any of its members,
on points of substance in the award during scrutiny.
18.5.1 The writ of execution shall direct the sheriff or
other officer to conduct the sale of property on
execution in accordance with Section 15 of Rule 39 of
the Rules of Court. In the case of sale of real property
or personal property not capable of manual delivery,
the auction sale shall be held at the office of the
sheriff serving the writ. Upon proper application by
the sheriff, with notice to the parties, CIAC may
authorize the sale to be held in the place where the
property is located.
SECTION 18.6 Stay of execution pending review. -
Execution issued under the preceeding Section may
be stayed upon approval by the Arbitral Tribunal (or
the surviving/remaining member/s), with the
concurrence of CIAC, of a surety bond posted by the
petitioner in an amount equal to the award,
conditioned upon the performance of the judgment
of the appellate court in case it upholds the award in
whole or in part. Such surety bond shall be posted
within such period of time, which shall in no case be
less than fifteen (15) days, as may be granted by the
Arbitral Tribunal during the hearing on the motion
for execution and the opposition thereto. The Surety
Company posting the bond must be included in the
latest list of surety companies accredited by the
Supreme Court and must comply with the
requirements set by the CIAC for bond approval,
concurrence, and/or acceptance, such as, but not
limited to, the prescribed „Surety Undertaking‟ form.
If there are no remaining/surviving appointed
arbitrators, the Commission may approve the required
bond.
The concurrence of the Commission to the approval
by the arbitrator/s of the surety bond to stay
execution is only for the purpose of ensuring
compliance with the requirements set by the CIAC
for bond approval.
SECTION 18.7 Effect of reversal of award. - Where
an award is partially or totally reversed on appeal, the
Arbitral Tribunal (or the surviving/remaining
members, or the Commission if there are no
remaining/surviving appointed arbitrators) may, on
proper motion, issue such order of restitution or
reparation of damages as equity and justice may
warrant under the circumstances.
SECTION 18.8 Executory Powers– The Arbitral
Tribunal (or the surviving/remaining member/s, or
the Commission, if there are no remaining/surviving
appointed arbitrators) shall have the authority and
power to decide matters and issue appropriate orders
which are necessary and related to the execution of
the Award, including but not limited to the
determination of sufficiency of the bond, approval of
the surety or bonding company, satisfaction of the
award, quashal of the execution, partial execution,
issuance of alias writs, assessment of properties levied,
appointment of a quantity surveyor or assessor,
examination of, and issuance of subpoena ad
testificandum and subpoena duces tecum to banks,
debtors of the judgment debtor and any person
holding properties or assets of the judgment debtor.
RULE 19 - RELIEF NOT COVERED BY THE
RULES
SECTION 19.1 Motion for relief not covered by the
Rules - Every motion or other paper filed in
connection with the execution of an award not
expressly authorized by the Rules shall be charged a
filing fee of Php 3000.00 or as may be prescribed by
CIAC. The motion shall be acted upon by the Arbitral
Tribunal (or the surviving/remaining members, or the
Commission if there are no remaining/surviving
appointed arbitrators).
RULE 20 – SMALL CLAIMS
SECTION 20.1 Small Claims - Cases where the
claim does not exceed P1 million shall be categorized
as a small claim thereby entitled to special procedures
of disposition and reduced fees.
20.1.1 A small claims case shall be handled by a sole
arbitrator whose fees shall be at a fixed rate of 3% of
the claim but not less than P10,000.00 or as may be
prescribed by CIAC. The expenses of the sole
arbitrator and CIAC staff consisting of actual
expenses for travel, accommodations, and
administrative costs for at most two (2) days incurred
for hearing if held outside of Metro Manila shall be
borne by CIAC.
20.1.2 All prescribed periods under normal procedure
shall whenever practicable, be abbreviated to fifty
percent (50%) of that required.
RULE 21– GENERAL MATTERS
SECTION 21.1 Recording of proceeding -
Proceedings before an Arbitral Tribunal may be
recorded by means of any audio and /or audio-visual
recording equipment such as, but not limited to, tape
recorders and video cameras, or if a stenographer is
available, either through stenographic notes or
minutes taken of the proceedings. All recordings on
tapes, films, cassettes, disks, or diskettes shall be
done by CIAC and shall remain in its custody for
safekeeping and eventual disposal after the
resolution of the case. Copies of such recordings
including transcripts and minutes of the proceedings
shall be made available to the parties upon request for
a nominal fee.
The arbitral Tribunal may opt to dispense with the
use of recording devices or stenographic services and
take down notes of the proceedings. Such notes taken
shall be filed with CIAC and shall be part of the
records of the case. Copies of the notes filed shall be
made available to the parties, upon request, at
reproduction cost.
SECTION 21.2 Control over proceedings- The
Arbitral Tribunal shall exercise complete control over
all proceedings to insure a speedy, adequate and
justifiable disposition of the disputes and cases
submitted to them for resolution.
21.2.1 In all arbitration proceedings before or after an
award has been rendered but prior to the termination
of the jurisdiction of the arbitrator/s over a case
pursuant to Section 16.6 hereof, the arbitrator/s shall
have the power to issue subpoena and/or subpoena
duces tecum requiring any person to attend the
hearing as a witness or to produce relevant
documents.
SECTION 21.3 Extent of power of arbitrator - The
Arbitral Tribunal shall decide only such issues and
related matters as are submitted to them for
adjudication. They have no power to add, to subtract
from, modify, or amend any of the terms of the
contract or any supplementary agreement thereto, or
any rule, regulation or policy promulgated by the
CIAC.
SECTION 21.4 Interpretation and application of
Rules (By Majority Votes) - The Arbitral Tribunal
shall interpret and apply these Rules in so far as they
relate to his/its powers and duties. Where there is a
difference of opinion among the Arbitrators in an
arbitral tribunal concerning the meaning or
application of these Rules, the same shall be decided
by a majority vote.
SECTION 21.5 Attendance of hearings - Persons
having direct interest in the arbitration are entitled to
attend the hearings. It shall be discretionary upon the
Arbitral Tribunal to determine the propriety of the
attendance of any other person. The Arbitral Tribunal
shall have the power to require the exclusion of any
witness.
SECTION 21.6 Waiver of Rules - Any party who
proceeds with the arbitration after knowledge that any
provision or requirement of these Rules has not been
complied with and fails to state his objection thereto
in writing, shall be deemed to have waived his
right to object.
SECTION 21.7 Freedom to settle 45 - The parties
shall be free to settle the dispute(s) anytime even if
the same is under arbitration. In such case, the actual
expenses incurred for arbitration shall be charged
against the deposit. If the deposit is insufficient, the
parties shall equally shoulder the balance.
21.7.1 The parties may either jointly withdraw or the National Administrative Register, U.P. Law
move that their compromise agreement be the basis Center.
for rendering an award by the Arbitral Tribunal, if the
latter have already been appointed. Where the
arbitrators have been appointed and proceedings have
commenced, the arbitration fees to be charged the
parties shall be in accordance with the stage of
proceedings.

21.7.2 The Arbitral Tribunal shall act upon the

motion after conducting a summary hearing.

RULE 22 – COSTS
SECTION 22.1 Expenses and deposit - Arbitration
expenses shall include the filing and administrative
fees, arbitrator's fees, ADF Charges and fee and
expenses of the expert, and others which may be
imposed by CIAC.

22.1.1 The filing and administrative fees, ADF

charges, and arbitrator's fees for monetary, non-
monetary and small claims and the schedules of
payment therefor shall be in accordance with the
CIAC-approved Table of Administrative Charges and
Arbitrator's Fees.

22.1.2 Expert’s fees shall be determined and paid for

in accordance with Section 15.1.1 of the Rules.

SECTION 22.2 The CIAC may fix the fees of the

Arbitral Tribunal at a figure higher or lower than that
which would result from the application of the Table
of Fees if in the exceptional circumstances of the
case, the same appears to be necessary.

RULE 23. REPEALING CLAUSE

SECTION 23.1 The old rules and all policies issued
in connection therewith, as well as policies
inconsistent herewith are hereby repealed.

RULE 24. SEPARABILITY CLAUSE

SECTION 24.1 Separability – If for any reason or
reasons, any portion or provision of these Rules shall
be held unconstitutional or invalid, all other parts or
provisions not affected shall thereby continue to
remain in full force and effect.

RULE 25. EFFECTIVITY

SECTION 25.1 These Rules shall take effect fifteen
(15) days after its publication at least once in a
newspaper of general circulation and the filing of
three (3) certified copies thereof with the Office of